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2026 DAILYLAW 34016 (CAL)

ASISH KUMAR MAITI v. STATE OF WEST BENGAL AND ORS.

CRR/1248/2026 · 2026-08-20

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Sl. No.06. D/L. Mithun. Ct.No.29. CRR/1248 /2026 Asish Kumar Maiti Vs. State of West Bengal & Ors. Mr. Gobinda Chandra Baidya, Mr. Provash Mondal …for the petitioner In this application, petitioner has prayed for a direction upon the Court below for expeditious disposal of C.R. Case No.9 of 2013 pending before Additional Chief Judicial Magistrate, Kakdwip. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the complaint case under Section 138 of the Negotiable Instruments Act was filed on 9th January, 2013. Since then only examination in chief of P.W.1 has been completed and the opposite party is taking adjournment one after another for cross-examining the complainant witnesses. Therefore, he prays for necessary direction upon the Court below. Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the application, the opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with. Having considered the fact that the proceeding under the Negotiable Instruments Act which is supposed to be disposed of within a time bound programme under the statute, but here it is pending for disposal for about 13 ½ years without disposal, I find that the prayer 2 made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of above, let the CRR 1248 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the said proceeding and to make his best effort to conclude the trial within a period of six months from the next date of hearing. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )